1. The appeal by the plaintiff B management body shall be dismissed, and the part of the claim for additional damages for delay shall be dismissed in the trial.

2...

The plaintiff management body asserts that the defendant's claim against the plaintiff management body as to the main safety defense is that since the defendant occupied and used the instant parking lot located in building B located in Mapo-gu Seoul Metropolitan Government (hereinafter "the instant condominium building") without legitimate title, the plaintiff management body asserts that the defendant is liable to pay the plaintiff management body the 119,080,000 won, which is the rent equivalent to the instant parking lot, from July 14, 2017 to December 24, 2018, as compensation for unjust enrichment or tort.

As to this, the Defendant’s decision to appoint the Plaintiff A as the manager of the Plaintiff managing body is null and void, the Plaintiff’s lawsuit against the Plaintiff managing body is filed by a person without the power of representation, and thus, it is unlawful.

Judgment

According to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), a manager who represents the management body, if the number of sectional owners is ten or more, shall be appointed by resolution at the management body meeting (Article 24 subparag. 1 and subparag. 3). A resolution at the management body meeting shall be adopted by the majority of sectional owners and the majority of voting rights, unless otherwise expressly provided by the regulations (Article 38(1)); and a sectional owner’s voting rights, unless otherwise provided by the regulations, shall be determined by the ratio of the area of his/her section of exclusive ownership (Articles 37(1) and 12(1)). Meanwhile, a person who obtains approval from a sectional owner shall attend the management body meeting for the appointment of

(Article 24(4). The Plaintiff’s management body held a management body meeting on July 14, 2017 and passed a resolution to appoint Plaintiff A as a manager with his/her consent, since the 164 persons (including 23 persons who occupy a sectional owner with the consent of the sectional owner among the total sectional owners of the instant aggregate building) (including 61.18% in total of the area of the exclusive ownership) are present or delegated to the Plaintiff, including 23 persons who occupy a sectional owner with the consent of the sectional owner (hereinafter “the instant resolution”).